64A23_FreedomManorAMENDMENT
Action:
PLANNING COMMISSION: July 6, 2005 - Recommended Approval
BOARD OF SUPERVISORS: September 14, 2005 -11 APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #09-05 OF FREEDOM MANOR
WHEREAS, Rezoning 909-05 of Freedom Manor, was submitted to rezone 26.87 acres from RA
(Rural Areas) District to RP (Residential Performance) District for 70 single family detached homes. The
property fronts on the east side of Papeimill Road (Route 644), approximately 2,300 feet west-northwest of
the intersection of Papermill Road (Route 644) and Front Royal Pike (Route 522), in the Shawnee
Magisterial District, and is identified by Property Identification Number (PIN) 64-A-23.
WHEREAS, the Planning Commission held a public hearing on this rezoning on July 6, 2005; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 14,2005;
and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in
the best interest of the public health, safety, welfare, and in conformance with the Comprehensive
Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to
change 26.87 acres from RA (Rural Areas) District to RP (Residential Performance) District for 70
single family detached homes, as described by the application and plat submitted, subject to the attached
conditions voluntarily proffered in writing by the applicant and the property owner.
PDRes 433-05
This ordinance shall be in effect on the. date of adoption.
Passed this 14th day of September, 2005 by the following recorded vote:
Richard C. Shickle, Chairman Ave Barbara E. Van Osten Aye
Gina A. Forrester Nay Gary Dove Aye
Lynda J. Tyler Nay Bill M. Ewing Aye
Gene Fisher Aye
A COPY ATTEST
John R. Riley, Jr. r
Frederick County Administrator
PDRes #33-05
Greenway Engineering May 28, 2004; Revised July 28, 2004 Freedom Manor Rezoning
October 7, 2004; February 25, 2005
May 18,2005; June 16, 2005
July 15, 2005; August 10, 2005
FREEDOM MANOR PROFFER STATEMENT
REZONING: RZ# 09-05
Rural Areas (RA) District
to Residential Performance (RP) District
PROPERTY: 26.87 -acres +/- (here -in after the "PROPERTY")
Tax Parcel 64-((A))-23
RECORD OWNER: Steve A. DuBrueler et als
APPLICANT: Steve A. DuBrueler et als (here -in after the "APPLICANTS")
PROJECT NAME: FREEDOM MANOR
ORIGINAL DATE May 28, 2004
OF PROFFERS:
REVISION DATE: August 10, 2005
Preliminary Matters
Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned Applicants hereby proffer that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 09-05
for the rezoning of 26.87+ -acres from the Rural Areas (RA) District Residential
Performance (RP) District, development of the subject property shall be done in
conformity with the terms and conditions set forth herein, except to the extent that such
terms and conditions may be subsequently amended or revised by the applicant and such
be approved by the Frederick County Board of Supervisors in accordance with the said
Code and Zoning Ordinance. In the event that such rezoning is not granted, then these
proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall
be binding upon these Applicants and their legal successors, heirs, or assigns.
The subject property, identified as Freedom Manor, and more particularly described as
the lands owned by Steve A. DuBrueler et als, being all of Tax Map Parcel 64-((A))-23.
The property is shown by plat and survey dated January 9, 2002 and revised July 24,
2003, prepared by Mark D. Smith, L.S., of Greenway Engineering, entitled "Final Plat for
Minor Rural Subdivision of the Land Standing in the Name of Doris F. Casey" and
recorded as Instrument Number 030029417.
File #3230/EAW 1
Greenway Engineering May 28, 2004; Revised July 28, 2004 Freedom Manor Rezoning
October 7, 2004; February 25, 2005
May 18, 2005; June 16, 2005
July 15, 2005; August 10, 2005
A. Generalized Development Plan
The Applicants hereby proffer to develop the Property in substantial conformity
with the Generalized Development Plan prepared by Greenway Engineering and
dated 4/20/05, a copy of which is attached. The Generalized Development Plan is
intended to delineate the road systems that will serve the 70 single-family
detached urban lots, the general location of road efficiency buffer, the
Shenandoah Memorial Park buffer, and the bicycle and pedestrian trail facility.
B. Residential Use Restriction
1. The Applicants hereby proffer that the Property shall be used for the development
of Single -Family Detached Urban Residences only, and all other housing types
otherwise permitted in the RP zoning district shall be prohibited. developed as
single-family detached urban residential lots.
2. The Applicants hereby proffer to limit the total number of single-family detached
dwelling units to 70 on the Property.
C. Transportation
1. Site Access
The Applicants hereby proffer to provide access to the Property through the
construction of a primary entrance on Papermill Road (Route 644) and a
secondary entrance on Front Royal Pike (Route 522). The Applicants shall be
responsible for the construction of the internal road improvements and for the
construction of all off-site improvements located on Tax Map Parcel 64 -((A)) -
23A. The internal road improvements and construction of all off-site
improvements located on Tax Map Parcel 64 -((A)) -23A shall be constructed to
base asphalt and open for public use prior to the issuance of the first building
permit within the Freedom Manor Subdivision. Furthermore, the Applicants shall
provide for a temporary cul-de-sac at the northern property boundary to allow for
future inter -parcel connection to Tax Map parcel 64-A-19. The entrances,
internal road system and temporary cul-de-sac described above are depicted on
the proffered Generalized Development Plan exhibit for Freedom Manor.
2. Traffic Calming Measures and Route 522 Connection
The Applicants hereby proffer to implement a curvilinear street design for the
internal street system serving the 26.87 -acre site to discourage cut through traffic
between Front Royal Pike (Route 522 South) and Papermill Road (Route 644).
Furthermore, the Applicants hereby proffer to design a traffic chocker for review
and approval by VDOT, and then construct the traffic choker between the Front
Royal Pike entrance and the residential lots that will be located on Tax Map
File #3230/EAW 2
Greenway Engineering May 28, 2004; Revised July 28, 2004 Freedom Manor Rezoning
October 7, 2004; February 25, 2005
May 18, 2005; June 16, 2005
July 15, 2005; August 10, 2005
Parcel 64 -((A)) -23A. Additionally, a right turn and taper lane will be designed
and constructed to this entrance within the Front Royal Pike right-of-way that will
be open for public use prior to the issuance of the first building permit within the
Freedom Manor Subdivision.
3. Elimination of Westwood Drive Connection
The Applicants hereby proffer that they will not make a road connection to
Westwood Drive (Route 822). This guarantee will be achieved through a deed
restriction upon the pertinent property, identified as Tax Map 64-((A))-19 and
currently owned by the Applicants, a copy of which is attached. The Applicants
will legally record this road connection restriction within 30 days of final
rezoning approval and prior to any development activity on the Property to ensure
that this restriction appears in the chain of title for Tax Map parcel 64-A-19.
4. Papermill Road Dedication
The Applicants proffer a right-of-way dedication of twenty -feet in width along the
entire Papermill Road frontage on the Property.
5. Offsite Road Contribution
The Applicants hereby proffer to contribute seven thousand dollars ($7,000) per
unit for offsite road improvements to Papermill Road, including the realignment
of the Papermill Road and Front Royal Pike intersection and other associated
Papermill Road improvements. The contribution will be paid to the Treasurer of
Frederick County, Virginia f6r each residential lot that is platted. This monetary
contribution is to be paid at the time of the building permit issuance for each
residential lot.
6. Revenue Sharing
All of the monies paid pursuant to above item 5, Papermill Road Improvements,
together with the property value of land dedicated as public road right-of-way
through above item 4, Papermill Road Dedication shall be eligible for inclusion in
the Frederick County contribution to an applicable highway improvement revenue
sharing project.
D. Shenandoah Memorial Park Buffer
The Applicants hereby proffer to provide a fifty -foot (50') buffer along the entire
southern property line against the Shenandoah Memorial Park. The fifty -foot
(50') buffer will not contain any portion of residential lots developed within the
Property. A fence that is a minimum of six feet (6') in height, resembling a
traditional iron fence style for cemetery enclosures will be constructed within the
File #3230/EAW
Greenway Engineering May 28, 2004; Revised July 28, 2004 Freedom Manor Rezoning
October 7, 2004; February 25, 2005
May 18, 2005; June 16, 2005
July 15, 2005; August 10, 2005
buffer along the shared Shenandoah Memorial Park property line. A bicycle and
pedestrian trail facility will be constructed within a twenty -foot (20') non-
exclusive easement, located adjacent to this fence. In the remaining thirty-foot
(30') portion of the buffer, a single row of evergreen trees will be planted on ten -
foot (10') centers.
E. Papermill Road (Route 644) Road Efficiency Buffer Easement
Within the required road efficiency buffer the applicants hereby proffer to provide
a twenty -foot (20') non-exclusive easement for the development of a bicycle and
pedestrian facility within the established fifty -foot (50') road efficiency buffer
along Papermill Road (Route 644).
F. Bicycle and Pedestrian Facility
The Applicants hereby proffer to construct a ten -foot (10') wide asphalt bicycle
and pedestrian facility within the twenty -foot (20') non-exclusive easement as
stated in Proffers D and E above. The maintenance of this facility shall initially
be the responsibility of the homeowners' association, and will be available for
dedication to the Frederick County Department of Parks and Recreation if
requested in writing by Frederick County.
G. Monetary Contribution to Offset Impact of Development
The undersigned owners of the above-described property hereby voluntarily
proffer that in the event rezoning application # 09-05 is approved, the undersigned
will pay to the Treasurer of Frederick County, Virginia $9,845 for each residential
lot that is platted. This monetary contribution is to be paid at the time of the
building permit issuance for each residential lot.
H. Monetary Contribution to Establish Homeowners' Association Fund
The Applicants hereby proffer to establish a start-up fund for the Freedom Manor
Homeowner's Association (FMHOA) in the amount of $500.00 for each platted
lot within the Freedom Manor community, of which the assessment for each
platted lot is to be collected at the time of initial transfer of title and to be directed
to the FMHOA fund. Language will be incorporated into the FMHOA Deed of
Dedication and Restrictive Covenant Document that ensures the availability of
these funds prior to the transfer of ownership and maintenance responsibility from
the developer to the FMHOA. The start-up funds for the FMHOA shall be made
available for the purpose of maintenance of all improvements within the common
open space areas, liability insurance, street light assessments, and property
management and/or legal fees.
File:0230/EAW 4
Greenway Engineering May 28, 2004; Revised July 28, 2004 Freedom Manor Rezoning
October 7, 2004; February 25, 2005
May 18, 2005; June 16, 2005
July 15, 2005; August 10, 2005
I.) Signatures
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in the interest of the applicant and owner.
In the event the Frederick County Board of Supervisors grants this rezoning and
accepts the conditions, the proffered conditions shall apply to the land rezoned in
addition to other requirements set forth in the Frederick County Code.
Respectfully Submitted:
By.
Steve A. DuBrueler Date
7.
By:
y N. DuBrueler Date
By: Wit(' tee— (r iat -Lr r
Madeline F. DuBrueler Date
Commonwealth of Virginia,
City/County of i'Y -e (-(,e. ; Z To Wit:
The foregoing instrument was acknowledged before me this day of v'1 _ .Lz
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My Commission Expires
File #3230/EAW
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Tax Map ID: 64-((A))-19
Prepared by Sean A. Everhart, PLC
and Return to: 158 Front Royal Pike, Suite 305C
Winchester, Virginia 22602
DECLARATION OF
RESTRICTIVE COVENANT
THIS DECLARATION OF RESTRICTIVE COVENANT is made this 26`x' day of September,
2005, by and among Steve A. DUBRUELER, Ray N. DUBRUELER, and Madeline F.
DUBRUELER (hereinafter referred to as "Declarants"), the COUNTY OF FREDERICK,
- - Virginia- (hereinafter -referred to as "County"), FIRST- BANK, -a Virginia -Banking -Corporation
(hereinafter referred to as "Bank"), and Stephen G. BUTLER, TRUSTEE (hereinafter referred to
as "Trustee").
WITNESSETH:
WHEREAS, Declarants are the fee simple owners of certain real property lying and being
situated two miles south of the City of Winchester, in Shawnee Magisterial District, Frederick
County, Virginia, containing 2.2021 acres, more or less, and further identified as Tax Parcel No. 64-
A-19 (the "Property");
WHEREAS, Declarants desire to impose a restrictive covenant on the Property regarding
access to Route 822 (Westwood Drive);
WHEREAS, Bank is the beneficiary of two Notes, each secured partially or wholly by the
Property, and evidenced by two deeds of trust recorded as Instrument Numbers 020018297
(modified in Instrurnent 040024652) and 050005350 among the land records of Frederick County,
Virginia, and Trustee being the trustee under aforesaid deeds of trust;
NOW, THEREFORE, Declarants hereby impose on the Property the following restrictive
covenant:
At such time the Frederick County Board of Supervisors approves the Freedom
Manor Proffer Statement and Generalized Development Plan to allow for an inter -
parcel connection that will provide access to the Property: (1) there shall be no
entrances from or across the Property from Route 822 (Westwood Drive) and (2)
there shall be no access across the Property to Route 822 for the benefit of any other
property and no other property shall have access across the Property to Route 822.
This Restrictive Covenant shall run to the benefit of, and be enforceable by, the County.
This Restrictive Covenant shall run with, and be appurtenant to, the Property, and shall be
binding upon the Declarants, their heirs, personal representatives, successors, and assigns.
The Bank and Trustee join in the execution of this Declaration of Restrictive Covenant to
evidence their consent and approval of the placement of the restrictive covenant on the Property.
Page 1 of 5
WITNESS THE FOLLOWING SIGNATURES) AND SEAL(S):
(SEAL)
Steve A. DuBrueler
(SEAL)
Ray N. DuBrueler
(SEAL)
Madeline F. DuBrueler
COMMONWEALTH OF VIRGINIA
COUNTY OF FREDERICK, to wit:
The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary
Public in the aforementioned jurisdiction, by Steve A. DuBrueler, Ray N. DuBrueler, and
Madeline F. DuBrueler, this �r day of 5, 2005.
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otary Public
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My Commission Expires:
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Page 2 of 5
FIRST BANK, a Virginia Banking Corporation
By: C� rc�'`� �-�,� �� (SEAL)
Earl W. Foreman, Vice President
COMMONWEALTH OF VIRGINIA
Or'- F e-�--b 1;7. I Com.
EI , to wit:
The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary
Public in the aforementioned jurisdicti�on�by Earl W. Foreman, Vice President of First Bank, a
Virginia Banking Corporation, this � L day of September, 2005.
Notary Public
My Commission Expires: (S
2 NOTARY PUBLIC - _
�q,CGMMONWHALTH
OFVIRGINIA��
Page 3 of 5
(SEAL)
Stephen G. utler, Trustee
COMMONWEALTH OF VIRGINIA
CITY OF wiNCHESTER, to wit:
The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary
Public in the aforementioned jurisdiction, by Stephen G. Bader; Trustee, this day of
September, 2005.
My Com=ission Expires: cd 3) OCO
Page 4 of 5
COUNTY OF FREDERICK, VIRGINIA
By:VX r --e. z (SEAL)
Joh6A. Riley Jr., County dministrator
COMMONWEALTH OF VIRGINIA
CITY OF WINCHESTER, to wit:
The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary
Public in the aforementioned jurisdiction, by John R. Riley Jr., County Administrator for the
County of Frederick, Virginia, this day of &apteneT, 2005.
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My Commission Expires:
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